yeah.

what i'm going to do for this month is just level with her - put the facts down on the table and let them determine what way they want to go.

they have three options:

1) prosecuting the tenant below me for illegal behaviour. that is going to be expensive, and they may even lose the court case. but, she may leave on her own rather than fight. even so, what happens if another smoker moves in?
2) spend what will probably be thousands of dollars smoke-proofing this unit, after i force them to via court order. my attempts to smoke-proof the unit have not been successful.
3) just let me break the lease and leave. although i'm going to ask for financial compensation (in the form of moving costs), and it means re-opening a  vacancy, this is by far the cheapest option.

we can talk further in april.